T.Muniyammal, v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2017

CORAM:

THE HONOURABLE MR.JUSTICE C.T.SELVAM AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.6377 of 2017 T.Muniyammal ... Petitioner - Vs -

1. The Sub Collector, Hosur, Krishnagiri District.

2. The Secretary, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

(R-2 Suo Motu impleaded as per order dated 04.04.2017 by KKSJ & MVMJ in W.P.6377/2017] ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in proceedings in Na.Ka. 4426/ 2014/ (A2) dated 02.09.2016 on the file of the respondent quash the same and direct the respondent to issue Kurichchan (ST) Community certificate to the petitioner's Son T.Seenivasan and three grandchildren viz. 1) T.S.Sarveswari,

2) S.Kiruthika and 3)S.Sruthi based upon the community certificate already issued to the petitioner. For Petitioner :

Mr.S.Doraisamy For Respondents :

Mr.K.Venkatramani, AAG Asst. by Mr.S.N.Parthasarathi, Govt.Advocate *****

O R D E R

[Order of the Court was made by M.V.MURALIDARAN, J.] This writ petition seeks issuance of Writ of Certiorarified Mandamus, calling for the records relating to the order of rejection passed in proceedings in Na.Ka. 4426/

2014/ (A2) dated 02.09.2016 on the file of the respondent quash the same and direct the respondent to issue Kurichchan (ST) Community certificate to the petitioners Son T.Seenivasan and three grandchildren viz. 1) T.S.Sarveswari, 2) S.Kiruthika and 3)S.Sruthi based upon the Community Certificate already issued to the petitioner.

2. This Court, vide order dated 15.09.2017 in WMP.No.26011 of 2017 in WP.No.6377 of 2017, directed the Deputy Superintendent of Police, Krishnagiri, to complete the subject matter in issue on or before 20.10.2017 after complying with the required formalities and also directed to furnish the report to the writ petitioner.

3. As per the guidelines of Supreme Court of India in para 5 and 6 of the Kumari Madhuri Patil's case [JT 1994 (5), S.C.488], "the Vigilance Officer should submit a report of the Scheduled Castes/Scheduled Tribes Vigilance Cell and it should be submitted to Directorate and the Director concerned. On receipt of the report from the Vigilance Officer, if he found the claims for Social status should be "Not Genuine"or "Doubtful" the Director concerned should issue a Show Cause Notice supplying a copy of the report of the Vigilance Officer to the candidate by Registered Post with Acknowledgement Due".

4. Today, when the matter is taken up for hearing, the learned Additional Advocate General assisted by the learned Government Advocate appearing for the respondents sought time to complete the said proceedings within a period of four weeks for passing orders as per the order of this Court dated 15.09.2017.

5. Recording the above submission of the learned Additional Advocate General, this writ petition is disposed of, with a direction to the respondents to pass appropriate orders within a period of four weeks from the date of receipt of a copy this order. No costs.

vs/kmi Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Sub Collector, Hosur, Krishnagiri District.

2. The Secretary, State Level Scrutiny Committee, Adi Dravidar and Tribal Welfare Department, Secretariat, Chennai-600 009.

+1CC to Government Pleader in sr.no.75719 +1CC to Mr.S.Doraisamy, Advocate in sr.no.75268 W.P.No.6377 of 2017 KJI (CO) MLT 07/12/2017